Onyango v Kisspag Security Services (Appeal E018 of 2025) [2025] KEELRC 3524 (KLR) (10 December 2025) (Judgment)

Appellant failed to prove constructive dismissal or unfair termination; evidence showed desertion after 1st January 2020; only accrued rights such as underpayment and leave allowance are recoverable.

Citation: [2025] KEELRC 3524 (KLR)
Parties: Appellant: Stephen Omondi Onyango; Respondent: Kisspag Security Services
Court: Employment and Labour Relations Court
Jurisdiction: Kenya
Judgment Date: 10 December 2025
Case Number: Appeal E018 of 2025
Procedural Posture: Appeal / Judgment
Outcome: appeal allowed in part
Legal Topics: Constructive Dismissal, Desertion, Underpayment, Leave Allowance, Certificate of Service, Unlawful Termination, Compensation, Procedural Fairness
Source Language: English

Employment Law Labour Law Constructive Dismissal Desertion Underpayment Leave Allowance Certificate of Service Unlawful Termination +2 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 1

Parties

Stephen Omondi Onyango

Appellant

Kisspag Security Services

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the appellant was unfairly terminated from employment
2 Whether the appellant was constructively dismissed
3 Whether the appellant deserted duty

Ratio Decidendi

Appellant failed to prove constructive dismissal or unfair termination; evidence showed desertion after 1st January 2020; only accrued rights such as underpayment and leave allowance are recoverable.

Court Disposition

appeal allowed in part

Orders

Appellant awarded Kshs.169,415.35 for underpayment and leave days.
Respondent to issue certificate of service to appellant.